Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Law > Criminal Law Topics > Flashcards

Criminal Law Topics Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Factual Causation

A

But for test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Causation

A

Factual Cause- But for test
Legal Cause - Operating and substantial cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Thin Skull Rule

A

Take Victim as you find them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the four different types of Fault

A

DirectIndirect (Oblique intent)RecklessnessNegligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Transferred Malice

A

Mens Rea is moved from intended victim to actual victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Coincidence Rule

A

Actus Reus and Mens Rea must happen at the same time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

No Fault + Strict Liability

A

A level of blameworthiness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Absolute Liability

A

No Mens Rea is required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Strict Liability

A

Mens rea is not required in at least one aspect of the Actus Reus. actus Reus is voluntary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Gammon Test

A

Presumption of Mens Rea: Can only be refused by a clear word in statue or by implication Presumption is strong when Truly Criminal Presumption is displaced if issue is one of social concern or public issueEncourages Greater Vigilance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Recklessness

A

Foresight of harm being possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Negligence

A

Falling below standard of reasonable man

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Actus Reus for Assault

A

To cause
The apprehension or causing V to apprehend
Immediate unlawful force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Mens Rea for Assault

A

An Intention or Recklessness as to causing the victim to apprehend unlawful+ Immediate force `

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Actus Reus for Battery

A

Unlawful application of force upon another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Mens Rea for Battery

A

An Intention or recklessness as to whether force is applied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

S. 47 Actus Reus

A

There must be an assault or battery causing the consequence.
Harm: Injury
Actual: Wholly insignificant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

S.47 Mens Rea

A

Intention or recklessness as to assault or battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

S.20 Actus Reus

A

Unlawful wounding or GBH upon another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

S.20 Mens Rea

A

Intention or recklessness to causing some minor harm

R V Parmenter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Assault Sentencing

A

6 Months. Summary offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

S.47 ABH

A

6 Months. Summary offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

S.18 GBH Actus Reus

A

Wounding or GBH provided in S.20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

S.18 GBH Intent Mens Rea

A

Intentionally (Direct/Indirect) causing GBH
Or Intent to Resist/Prevent lawful arrest
Plus recklessness to causing injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Correspondence Rule

A

Mens Rea must match the Actus Reus as result the degree of fault corresponded with the offence and punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Murder Actus Reus

A

The unlawful killing of a reasonable person in being under the kings peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Murder Mens Rea

A

With Malice aforethought expressed or implied. Intention to causing GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Voluntary Manslaughter

A

Same as murder but with:
Loss of Control
Diminished responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Burden Of Proof

A

This is when sufficient evidence is given to raise on issue of the defence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Loss Of Control

A

Can not be convicted of murder if:
Happened from loss of self control
Can Not be applied for considered revenge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Loss of control

Qualifying trigger

A

Fear of serious violence
Things done or said
Justifiable sense of being seriously wronged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Loss of control

Objective test

A

If Person of D sex and age with normal degree of tolerance and self restraint would behave the same way.

33
Q

Legal Causation

A

Is defendants act the operating and substantial cause

34
Q

What is included in basic intent

A

Assault, battery, ABH , GBH(s.20), Involuntary manslaughter

35
Q

What is included in specific intent

A

Theft, Robbery, GBHs.18,Murder

36
Q

What are the two types of Involuntary manslaughter

A

Gross Negligence Manslaughter
Unlawful Act Manslaughter

37
Q

Gross Negligence Manslaughter
Test(Case)

A

Bateman: Does the conduct of the accused show such disregard for the life and safety of others as to amount to a crime

38
Q

Gross Negligence Manslaughter

What must be shown

A

Duty of care must exist between D and V
Must be a breach of duty which causes death
Is such that is considered criminal by the jury

39
Q

GNM Mens Rea

A

D has the Intention or recklessness as to causing an dangerous situation

40
Q

Unlawful Act Manslaughter

What must be Proven

A

Must prove that D committed an act that was:
Unlawful
Dangerous
One that causes death

41
Q

Unlawful Act

A

Has to be a criminal offence
Can not be an omission

42
Q

Unlawful Act Objective test

A

Sober and reasonable person
Some harm
Harm not be aimed at the victim
Harm foreseen must be physical harm

R V Church

43
Q

Unlawful Act Subjective test

A

The unlawful act must have been accompanied by the Mens Rea to commit that crime. They do not need intention to cause harm

44
Q

Theft

A

Dishonestly appropriating property belonging to another. With the intention of permanently depriving

45
Q

Appropriation

A

This is the assumption by a person of the rights of an owner

46
Q

Theft S.5
Belonging to another

A

Property shall be regarded as belonging to any person having possession or control of it or having in it any proprietary interest

47
Q

Theft S.5 (2)

A

Where property is subject to trust the person whom it belongs shall be regarded as including any person having a right to enforce the trust and an intention to defeat the the trust shall be regarded accordingly as an intention to deprive

48
Q

Theft S.5(3)

A

Where a person receives property from or on account of another and is under obligation to the other to retain and deal with that property or its proceeds shall be regarded as belonging to the other

49
Q

Theft S.5(4)

A

Where a person gets property by another’s mistake and is under obligation to make restoration of the property or its proceeds or of the value thereof If not will be held as intention to permanently deprive

50
Q

Theft S.3(1)

A

Any assumption by a person of the rights of the owner amounts to appropriation and this includes where he has come by the property without stealing it

51
Q

Theft S.3(2)

A

Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith.

52
Q

Theft S.4(1)

A

Property includes money and all other property including real or personal including things in action and other intangible property

53
Q

Theft S.4(2)

Property

A

A person can not steal land or things forming part of land and severed from it by him or his directions

54
Q

Theft S.3(3)

Appropiation

A

A person who picks mushrooms growing on wild on any land, or picks flowers ,fruit ,foulage from a plant steals what he picks unless he does it for reward or for sale or other commercial purpose

55
Q

Theft S.6(1)

A

A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention to permanently depriving the other. This applies for borrowing and lending

56
Q

Robbery
s.8(1)

A

A person is guilty of robbery if he steals and immediately before or at the time of doing so and in order to due so he uses force on any person or puts or seek to put any person in fear of being subjected to force

57
Q

Capacity defence

Insanity- M’Naughten Rules

What are the steps

A

Defect of reason
Caused by disease of the mind
So that the dfendant does not know that the nature and quality of his actions was wrong

58
Q

Capacity Defences

Automatisim

What are the steps

A

Involuntary Act
Due to an external factor

59
Q

Capacity Defences

Intoxication

What are the steps

A

Voluntary or involuntary
Basic or specific

60
Q

Capacity Defence

Insanity- What is the defect of reason

A

Inability to use reason

61
Q

Capacity Defence

Insanity- Caused by disease of the mind

A

Must be an physical disease not external factor

(R V Hennessy) (R V Bratty) (R V Kemp)

62
Q

Capacity Defence

Insanity- So that D does not know that nature of his act was wrong

A

Prove he did not know what he was doing
That he did not appreciate the conseqenuces of his actions
Did not appreciate the circumstances in which he was acting

(R V Oye) (R V Windle) (R V Johnson)

63
Q

Capacity Defence

Automatism-Involuntary act

A

This means the D’s mind is not controlling his limbs in a purposeful manner (Similar to R V Bratty)

64
Q

Capacity Defence

Automatism-External factor

A

Blow to the head, Attacked by a swarm of bees, Sneezing fit or hypnotism

65
Q

Capacity Defence

Automatism-Self induced

A

Does D know that this conduct will bring an automatic state ? Can not be reckless into going into this state

66
Q

What are the three necsessity Defences

A

Self defence/Prevention of crime
Duress by threat
Duress by circumstance

67
Q

Necessity Defence-Prevention of crime

Criminal Law Act S.3

A

A Person may use such force as is reasonable in the circumstance in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders.

68
Q

Necessity Defence-Self Defence/Prevention of crime

Necessity of force

A

Force is not justified unless it is necessary. It will be necessary if it is seen to be in the circumstances which exist or which the D genuinely believed existed. Works even if the attack is imminent
Can not rely on drunken mistake (s.76(5))

Gladstone V Williams

69
Q

Necessity Defence-Self Defence/Prevention of crime

Reasonableness of force

A

The facts as D believed them.
Circumstances of attack
Time D had avaliable to decide on course of action
D Balanced against risk of harm to the victim

(R V Bird) (R V Clegg)

70
Q

Necessity Defence-Self Defence/Prevention of crime

Householders

What must be shown

A

Force used whilst D was in or partly in the house
D was not a tresspasser
D must believe V to be a tresspasser.

71
Q

Necessity Defence-Self Defence/Prevention of crime

Householders Test

Reasonableness

A

Was degree of force grossly disproprtionate
If no
Was the degree of force reasonable

(R V Ray)-Not reasonable

72
Q

Necessity Defence-Duress

Duress by Threat

Graham Test

A
  • Was D compelled to act as he did because he feared death or serious physical injury.
  • If so, did he respond as a sober person of reasonable firmness sharing the characteristics of D would have done
  • Confirmed by Hassan 2005
73
Q

Necessity Defence-Duress

The nature of threat

A

Must relate to death or serious injury.
* Psychological harm will not do
* Sereve pain will be insufficent
* Can be to immediate family member or someone you would regard yourself as responsible for
* Must relate to the offence that is commited (R V Cole)

R V Valderama-Vega

74
Q

Necessity Defence-Duress

Characteristics of the defendant

A
  • IQ not releveant unless it is a mental impairment
  • Being pliable, vunerable, timid are not relevant
  • Characteristics due to self induced abuse such as alcohol or drugs
  • Age and gender relevant
  • Physical helath and disabilty relevant
  • Mental illness, impairment or psychatric condition provided making them more susceptible

Bowen

75
Q

Necessity Defence-Duress

Immediacy of threat and possible escape

A

Can only plead if the threat was operating on his mind at the time of the offence and feared death or serious harm
* Hudson V Taylor- Immediacy after Trial
* Abdul Hussain- Immediacy could be sometime soon “overbearing their minds”
* R V Gill & R V Hasan- If you can go to the police you can not rely on duress

76
Q

Necessity Defence-Duress

Self Induced Duress

A

Where the D put themselves in a position that makes them more likely to be subjected to threats duress is less likely to be available

R V Sharp

77
Q

Necessity Defence-Duress

Duress of Circumstance

When does it occur

A

Arises when the D believes that unless he acted the way he did either he or those around him would suffer death or serious injury

R V Martin

78
Q

Necessity Defence-Duress

Duress of Circumstance Test

A
  1. May he have been impelled to act as he did as believed in he was in a situation that death or serious phycical injury would result from
  2. May a sober person with reasonavble firmness sharing characteristics of the accused have responded in the same way
79
Q

Necessity Defence-Duress

Objective nature of threat
Reasoanble and proportionate action

A
  • Threat must be veiwed as it would be by a reasonable man
  • Jury would consider if it was proportionate

Criminal Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions